Chapter 12.08
CEMETERY
Sections:
12.08.030 Administrative powers and duties.
12.08.040 General regulations.
12.08.050 Interment regulations.
12.08.060 Subdivision of plot.
12.08.080 Conduct in cemeteries.
12.08.100 Transfer of ownership.
12.08.010 Purpose.
In order to assure mutual protection to every plot purchaser and to the city, the city council adopts the following rules and regulations. All property owners and persons within this cemetery and all plots sold shall be subject to these rules and regulations, and subject, further, to such other rules and regulations, amendments or alterations as shall be adopted by the city council from time to time; and the reference to these rules and regulations in the deeds or certificates of burial rights to plots shall have the same force and effect as if set forth in full herein. [Ord. 85-182 § 1, 1985].
12.08.020 Definitions.
For the purposes of this chapter:
“Cemetery” means the burial park, for earth interments, and any subsequent contiguous additions thereto, or any improvements added thereon, such as community mausoleum, for crypt or vault interments.
“Director of public works” means the person in charge of and responsible for the operation of the cemetery.
“Grave” means a space of ground within the burial park, used or intended to be used for burial.
“Interment” means the disposition of human remains by burial, entombment, or cremation and inurnment.
“Memorial” means the marker or nameplate by which the individual plots and/or graves are identified with the human remains interred therein.
“Monument” means a memorial which extends above the surface of the lawn.
“Plot” means space in the cemetery used or intended to be used for the interment of human remains. The term includes and applies to one or more than one adjoining grave. [Ord. 85-182 § 2, 1985].
12.08.030 Administrative powers and duties.
The director of public works, or his duly authorized representative, is empowered to administer and enforce these aforementioned rules and regulations. [Ord. 85-182 § 8, 1985].
12.08.040 General regulations.
This being a public cemetery, all area within the fenced boundaries of this memorial park shall be open to the general public at all times, except during periods of road repair, etc., and under circumstances when public entry is found to be inadvisable for health, safety and general welfare reasons, in the opinion of the city council. All vehicles moving within the cemetery must observe a maximum speed limit of 15 mph. [Ord. 85-182 § 3, 1985].
12.08.050 Interment regulations.
A. Fixed Charges, Certificate of Burial Rights. A fixed fee for each grave will be paid to the city before a grave may be opened. The amount of this fee shall be set from time to time by resolution of the city council. Fees for plots where more than one body (two bodies in caskets or the remains of four cremated bodies) will be interred shall be one and one-half times the fee for a plot where a single body is interred.
Burial plots will be reserved for no more than 30 days, with a 10 percent nonrefundable deposit to be paid at the time the plot is reserved.
B. Holidays. No interments, disinterments or removals shall be permitted on Sundays or on any legal holiday, including national and state holidays, which the county wishes the cemetery to observe, except with the consent of the director of public works, the family and the funeral chapel first had and obtained.
C. Notice. The right is reserved by the director of public works to insist upon at least 24 working hours’ notice before any interment and at least one week’s notice prior to any disinterment or removal.
D. Location of Interment Space. When instructions from the plot holder regarding the location of an interment space within a plot cannot be obtained, or are indefinite, or when for any reason the interment space cannot be opened where specified, the director of public works may, in his discretion, open it in such location in the plot as he deems best and proper, so as not to delay a funeral; and, the cemetery and/or the city shall not be liable in damages for any error made in so doing.
E. Interment of More Than One Body. No more than one body, or the remains of more than one body, shall be interred in one grave unless the grave has been purchased with a written agreement permitting such multiple interments, and except as provided in TMC 12.08.060.
Not more than two bodies, nor the remains of more than four cremated bodies, shall be interred in one grave than the maximum number permitted under state law.
Furthermore, at the time the plot is purchased, there will be a charge for digging the grave and placing the lower liner if two caskets will be placed in the grave. Digging and lower liner placement will occur at the discretion of the gravedigger and when weather permits. [Ord. 2003-02 §§ 1, 2, 2003; Ord. 94-4 § 1, 1994; Ord. 92-4 § 3, 1991; Ord. 85-182 § 4, 1985].
12.08.060 Subdivision of plot.
The subdivision of plots is not allowed except in cases where all members of a family are cremated. In such cases, a plot may be subdivided into four parts for the purpose of interring the cremated remains. [Ord. 85-182 § 5, 1985].
12.08.070 Maintenance.
A. All grading, landscape work, improvements of any kind, and all care on plots shall be done, and all plant materials shall be planted, trimmed, cut, or removed solely by the director of public works or his duly authorized representative. All opening and closing of plots, and all interments, disinterments and removals shall be done under the supervision of the director of public works or his duly authorized representative.
B. All markers, nameplates, or other identifying memorials shall be installed only after approval is secured from the director of public works, and in no case shall any marker, nameplate or memorial be installed unless same is installed flush with existing lawn grade. No flower receptacle may be installed unless it is set wholly beneath ground level.
C. The placing of upright monuments, boxes, shells, toys, metal designs, ornaments, chairs, vases, glass, wood or iron cases, similar articles, or planting flora or fauna of any description is prohibited, and if so placed or planted, may be removed and disposed of in any manner which the director of public works shall see fit to employ. [Ord. 85-182 § 6, 1985].
12.08.080 Conduct in cemeteries.
A. Persons within the cemetery grounds, other than the director of public works, workmen, and/or funeral attendants, shall use only the avenues, walks, or roads, and any person injured while walking on the grass, except that be the only way to reach his or her plot, or while on any portion of the cemetery, other than the walks, roads, or avenues, shall in no way hold the city liable for any injuries sustained.
B. It is unlawful for any person to loiter in the city cemetery. [Ord. 90-204 § 2(O), 1990; Ord. 85-182 § 7, 1985].
12.08.090 Plot purchases.
An individual may purchase not more than one plot in the town cemetery. Such purchase confers the right to interment, but does not confer a property right. Notwithstanding the foregoing, any plot purchases prior to November 1, 1991, shall be considered to confer a property right, and the plot may be sold, traded, or given away by the present owner. From and after November 1, 1991, all plots purchased may be transferred only to the city of Trinidad, who will pay the original purchase price. [Ord. 92-4 § 1, 1991].
12.08.100 Transfer of ownership.
Any transfer of ownership on burial rights must be registered with the city clerk in writing. The transferor must pay a $50.00 fee to cover the administrative costs associated in transferring the records. [Ord. 92-4 § 2, 1991].
12.08.110 Plot use.
Plots purchased may be used for the interment of the purchaser or a family member only. [Ord. 92-4 § 4, 1991].